LD 1311
pg. 1
LD 1311 Title Page An Act To Clarify the Filing of Municipal Personal Property Tax Liens Page 2 of 4
Download Bill Text
LR 1659
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 36 MRSA §612, sub-§1, as amended by PL 1999, c. 699, Pt. D,
§28 and affected by §30, is further amended to read:

 
1. Lien. There must be a lien to secure the payment of all
taxes legally assessed on The legal assessment of taxes upon
personal property as defined in section 601 and against a
particular taxpayer creates and constitutes a lien upon all of
the property assessed to secure payment of the resulting
taxes, provided in that the inventory and valuation upon which
the assessment is made, there must be contains a description
of the personal property taxed which that meets the
requirements of Title 11, section 9-1504. Except as otherwise
provided in this section, the lien, when perfected, takes
precedence over all other claims on the personal property and
continues in force until the taxes are paid or until the lien
is otherwise terminated by law.

 
Sec. 2. 36 MRSA §612, sub-§§3 and 4, as amended by PL 1999, c. 699,
Pt. D, §28 and affected by §30, are repealed and the following
enacted in their place:

 
3.__Perfection of lien. The lien established by subsection 1
attaches on the date of assessment and must be perfected as
against all lien creditors, as defined in Title 11, section 9-
1102, subsection (52), without the necessity of further action
by the municipality or any other party.__The lien becomes
perfected as against parties other than lien creditors at the
time when a notice of the lien is communicated, pursuant to
the provisions of Title 11, section 9-1516, to the office
identified in Title 11, section 9-1501, subsection (1),
paragraph (b).__Any filing is ineffective to perfect a lien as
against parties that are not lien creditors to the extent that
the filing covers taxes upon property whose status for those
taxes was fixed pursuant to section 502 or 611 more than 2
years prior to the filing date.__The lien does not have
priority against any interest as to which it is unperfected
during the period in which it is not so perfected.__If the
lien is perfected as to some interests in the property subject
to the tax, but not as to other interests, and the interests
as to which it is perfected are superior in priority to the
interests against which the lien is unperfected, then the lien
has priority over the interests against which it has not been
perfected to the extent of the superior interests against
which it has been perfected.

 
4.__Notice of lien. Each notice of lien, which may be in the
form of a financing statement or other authenticated record,
must:


LD 1311 Title Page Top of Page Page 2 of 4